Sack: Gov Umahi, Deputy, obtain court order to retain seats

Governor of Ebonyi State, Engr. David Nweze Umahi, his deputy, Dr. Eric Kelechi Igwe have obtained court injunction to remain in office as Governor and Deputy respectively.

 

The Court order was obtained on Thursday, following a recent judgement by the Federal High Court, Abuja, sacking Gov Umahi and the Deputy, Dr. Igwe for defecting from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

 

The Motion with the number HAB/135M/2022 was issued by His Lordship, Hon. H. A. Njoku, and was obtained in the High Court of Ebonyi State of Nigeria, sitting in Abakaliki.

The Motion has as plaintiffs, Sen. Sunny Ogbuoji, Justice Mbam Ogodo and the All Progressives Congress (APC), while the defendants are, Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe.

According to the certified true copy of court injunction in the suit No. HAB/13/2022, made available to journalists in Abakaliki, Justice Njoku, noted; “Upon this Motion Ex-parte dated and filed on 9th March, 2022, and brought pursuant to Order 39 Rule 3(3) of the High Court Rules of Ebonyi State, 2008, and under the inherent jurisdiction of this Honourable Court, coming before HIS LORDSHIP HON. JUSTICE H. A. NJOKU on the 10TH day of March, 2022 praying the court as follows:

”An interim Order of this Honourable Court for seven days (subject to renewal) that in view of its judgment in Suit No, HAB/13/2022 delivered on the 28th day of February, 2022 being a judgment in rem and having precedence over any subsequent contrary judgment, the Applicants hereto, ENGR, DAVID NWEZE UMAHI and DR. ERIC KELECHI IGWE, shall remain and not be removed from office as governor and deputy governor of Ebonyi State, respectively.

 

“And for further order or other orders as the Honourable Court may deem fit to make in the circumstances and the court after reading this motion made ex-parte and the reliefs sought thereto as well as the 11 (eleven) paragraph affidavit evidence of Amarachi Alo, the Litigation Secretary in the Law Office of Roy & Associate of No. 7 Awgu Street, Abakaliki; And having also read the written submissions of counsel to the Applicant in support of the Motion ex-parte particularly the issue for determination which is whether this application ought to be granted in the interest of Justice, and the documents annexed thereto as Exhibit 1 and 2 respectively; And after hearing Roy O. U. Nweze Esq, Counsel to the defendants/applicants move the motion ex-parte that; An interim order of this Honourable Court for seven days (7 days) (subject to renewal) is hereby granted, in view of its judgment in Suit No. HAB/13/2022 delivered on 28th day of February, 2022, being a judgment in rem, and having precedence over any subsequent contrary judgment. The Applicants hereto, Engr. David Nweze Umahi and Dr. Eric Kelechi Igwe shall accordingly remain and not be removed from office as governor and deputy governor of Ebonyi State respectively

“This Suit is hereby adjourned to 16/3/2022 for the hearing of the motion on notice”.

 

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